Results for commercial sale

In re Cygnus Telecommunications Technology LLC Patent Litigation

Case Number: CLB0224

Date: 08.19.2008

The Federal Circuit held a patent invalid under the 35 U.S.C. § 102(b) on-sale bar test of Pfaff because (1) the invention was ready for patenting, based on a declaration by the inventor that the invention was “reduced to practice,” and (2) the invention was the subject of a commercial sale, based on the fact that testers were invoiced for calls made during beta testing, prior to the critical date.

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Elan Corp. PLC v. Andrx Pharmaceuticals, Inc.

Case Number: CLB0066

Date: 05.05.2004

Only an offer which rises to the level of a commercial offer for sale—one which the other party could make into a binding contract by simple acceptance—constitutes an offer for sale under 35 U.S.C. § 102(b); and the sale of patent rights to an invention does not constitute an offer for sale under Section 102(b) of the invention.

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